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Georgia Delta-8 Delta-10 THC Ruling by Appeals Court

Georgia Court of Appeals ruling this month: Delta-8 THC, Delta-10 THC, and other hemp-derived cannabinoids are not controlled substances

What does the ruling mean and what led to it?
Over the past couple of years, businesses selling these products have been subject to police raids based on alleged violation of state law prohibiting the possession of a controlled substance with the intent to distribute. In February 2022, Elements Distribution was subject to one such raid—even though the products it sold were legal according to the company’s attorney. While the state conceded that non-edible products containing delta-8 and delta-10 THC were not controlled substances, the authorities maintained that the edibles containing Delta-8 THC and Delta-10 THC were controlled substances. The Court agreed with Elements that delta-8 and delta-10 THC were not controlled substances regardless of whether the substances were included in edible or non-edible products. The Court, therefore, granted Elements’ petition for return of the items seized. Note, however, that this case is not yet over as the state may still appeal the Court of Appeals decision to the Georgia Supreme Court.

Also in Georgia: pursuant to the medical marijuana program, independent pharmacies are now allowed to sell cannabis oil as long as the oil is “low-THC” cannabis oil. Qualifying patients prescribed cannabis oil are permitted to possess no more than 20 ounces of the low-THC oil and products.

About Us
Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.

As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.

Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. <strong><a href="https://obermanlaw.com/people/stuart-j-oberman/"><span style="color: #0059b8;">Read More =></span></a></strong>